Opinion
11-29-2016
Arie GENGER, et al., Plaintiffs–Respondents, v. Sagi GENGER, et al., Defendants–Respondents, Dalia Genger, Defendant–Appellant. Sagi Genger, etc., et al., Cross Claimants, Counterclaimants, and Third–Party Claimant–Respondents, v. Arie Genger, et al., Cross–Claim, Counterclaim, and/or Third–Party Defendants–Respondents.
Law Offices of Judith Bachman, New York (Judith Bachman of counsel), for Dalia Genger, appellant. Kasowitz, Benson, Torres & Friedman LLP, New York (Eric Herschmann of counsel), for Arie Genger and Orly Genger, respondents. Thomas J. Arlington II, Wilmington, DE, of the bar of the State of Delaware, admitted pro hac vice of counsel), for TR Investors, LLC, New TR Equity I, LLC, New TR Equity II, LLC, Jules Trump, Eddie Trump, Mark Hirsch and Trans–Resources, Inc., respondents.
Law Offices of Judith Bachman, New York (Judith Bachman of counsel), for Dalia Genger, appellant.
Kasowitz, Benson, Torres & Friedman LLP, New York (Eric Herschmann of counsel), for Arie Genger and Orly Genger, respondents.
Thomas J. Arlington II, Wilmington, DE, of the bar of the State of Delaware, admitted pro hac vice of counsel), for TR Investors, LLC, New TR Equity I, LLC, New TR Equity II, LLC, Jules Trump, Eddie Trump, Mark Hirsch and Trans–Resources, Inc., respondents.
Order, Supreme Court, New York County (Barbara Jaffe, J.), entered November 25, 2014, which, to the extent appealed from as limited by the briefs, upon the parties' stipulation, dismissed the complaint, unanimously affirmed, with costs.
Defendant Dalia Genger, as Trustee for the Orly Genger 1993 Trust (Orly Trust), failed to articulate any objection to the court's entry of the November 25, 2014 order dismissing plaintiff Orly Trust's breach of fiduciary duty and unjust enrichment claims against certain defendants, and her claim is not properly before this Court (Horizon Asset Mgt., LLC v. Duffy, 106 A.D.3d 594, 595, 967 N.Y.S.2d 17 [1st Dept.2013] ). In any case, that order did not dismiss any claims; rather, it recognized that all claims had previously been dismissed or discontinued by prior court orders, dismissed the complaint, and severed other viable third party claims, cross claims, and counterclaims unrelated to the Orly Trust.
FRIEDMAN, J.P., SAXE, RICHTER, GISCHE, JJ., concur.